Research On The Review System Of The Legality Of Administrative Normative Documents

The legal regulation of administrative normative documents has always been the focus of the administrative law circle,while the regulation mode is more concerned with external supervision and post-supervision,such as incidental review and archival review.With the deepening of the construction of law-based government,the legitimacy review system of administrative normative documents is gradually concerned,which provides a new way of thinking and perspective for the legal regulation of administrative normative documents.From the perspective of procedure,the legality review system of administrative normative documents is an internal supervision procedure in advance and a self-regulation in the administrative system,which does not conform to the procedure justice highly respected in western legal circles.However,beyond the framework of procedural justice,it is precisely because of the self-regulation within the administrative system that the tentacles of regulation can be engaged in the post-supervision and extended to the procedures for the formulation of administrative normative documents,so as to realize the legal regulation on them at the source.The life of law lies in practice,so does the life of system.Compared with the administrative procedures in the United Kingdom and the United States,which focus on the construction of external procedures,China's legal tradition and reality attach more importance to the monitoring of internal procedures,and the development of internal procedures can be regarded as a kind of local resources for the construction of the rule of law the legality review system of administrative normative documents should be its typical representative.In addition to the introduction,this paper is divided into four parts.Firstly,through the elaboration of the theory of administrative self-regulation,the theory of administrative process and the theory of administrative responsibility,it proves that the legitimacy review system of administrative normative documents has a profound theoretical basis in the system of administrative law.Through the comparative analysis of the system of filing and reviewing administrative normative documents and the system of reviewing together,it shows the unique advantages of the system of reviewing the legality of administrative normative documents in practice.Secondly,it makes an empirical analysis of 31 provincial governments' rules and regulations on administrative normative documents and 21 provincial governments' documents on promoting the legitimacy audit system of administrative normative documents,and summarizes the components of the legitimacy audit system of administrative normative documents in the analysis sample.This paper analyzes thecurrent status of the review of the legality of administrative normative documents in accordance with the actual operation of the review system.Thirdly,it systematically analyzes the problems and causes of the legitimacy audit system of administrative normative documents.The analysis of the problem is mainly carried out from the rule level and the execution level.At the level of rules,there are mainly problems such as lack of systematic provisions on legality review in regulations and documents,unclear scope of review,inconsistent review standards,irregular review procedures,and unspecific review responsibilities.At the execution level,there are mainly problems such as the overlapping of the legitimacy review of administrative normative documents with the review of major administrative decisions,and the overlap of the scope of the legitimacy review of administrative normative documents with the scope of fair competition.Through the analysis of the problems,the author finds out the reasons why the review system of the legitimacy of administrative normative documents is not perfect,such as the lack of systematic theoretical guidance,the insufficient regulation of institutional elements,the unsmooth connection with other review systems,and the insufficient protection of people's right to participate.Finally,the paper puts forward some concrete Suggestions on the improvement of the legality examination system of administrative normative documents from two aspects: optimizing the system elements and promoting the practice of legality examination.The review system elements are optimized from five aspects: clarifying the review scope,unifying the review standards,standardizing the review procedures,specifying the accountability and promoting the review special legislation.This paper puts forward specific Suggestions on the practice of promoting the legitimacy review of administrative normative documents from three aspects: public participation,professional review personnel and effective connection with other review systems.